CHRISTINE M. EVANS v. GORDON P. BRAUN

CHRISTINE M. EVANS v. GORDON P. BRAUN No. 291 MDA 2010 2010 PA Super 231 Atlantic: n/a Filed: 12/14/2010
	Appeal from the Order entered January 21, 2010 In the Court of Common Pleas of Franklin County Civil Division at No. 2010-102
Before: BENDER, SHOGAN and CLELAND, JJ.
Opinion by: BENDER, J.
Dissenting Statement by: CLELAND, J.
Appellant, Gordon P. Braun, appeals from the January 21, 2010 order granting Appellee, Christine M. Evans, a final protection from abuse (PFA) order against him. Braun argues that the trial court erred in finding that Evans had standing to seek such an order under the Protection from Abuse Act (PFA Act), 23 Pa.C.S. §§ 6101-6122. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. KEVIN MICHAEL JACKSON

COMMONWEALTH OF PENNSYLVANIA v. KEVIN MICHAEL JACKSON No. 274 and 337 WDA 2010 2010 PA Super 226 Atlantic: n/a Filed: 12/8/2010
	Appeal from the Order January 19, 2010, Court of Common Pleas, Erie County, Criminal Division at Nos. CR-0000011-09 - CP-25-CR-0000622-2009
Before: MUSMANNO, DONOHUE and OTT, JJ.
Opinion by: DONOHUE, J.
This is an appeal from an order finding that the attachment of double jeopardy prohibited the criminal prosecution of Kevin Michael Jackson (“Jackson”) for certain offenses which had previously served as the basis for a finding of indirect criminal contempt of an order granted under the Protection from Abuse Act (“PFA order”). Following our review, we affirm in part, reverse in part, and remand for further proceedings.

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COMMONWEALTH OF PENNSYLVANIA v. IBRAHIM ABED

COMMONWEALTH OF PENNSYLVANIA v. IBRAHIM ABED No. 2710 EDA 2008 2010 PA Super 12 Atlantic: n/a Filed: 1/29/2010
	Appeal from the Judgment of Sentence June 18, 2008 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0007901-2007
Before: STEVENS, GANTMAN, and ALLEN, JJ.
Opinion by: STEVENS, J.
This is an appeal from the judgment of sentence entered by the Court of Common Pleas of Philadelphia County after Appellant Ibrahim Abed was convicted of stalking, harassment, and contempt of court. Appellant claims the trial court erred in denying his motions for acquittal and in revoking his bail. We affirm.

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COMMONWEALTH OF PENNSYLVANIA v. LONNIE MITCHELL

COMMONWEALTH OF PENNSYLVANIA v. LONNIE MITCHELL No. 2344 EDA 2008 2009 PA Super 249 Atlantic: n/a Filed: 12/18/2009
	Appeal from the Judgment of Sentence Entered July 15, 2008, Court of Common Pleas, Philadelphia County, Criminal Division, at No. MC-51-CR-0022285-2008.
Before: ORIE MELVIN, SHOGAN, and POPOVICH, JJ.
Opinion by: SHOGAN, J.
Appellant, Lonnie Mitchell, appeals from the judgment of sentence entered on July 15, 2008, after he was adjudged guilty of harassment and found in indirect criminal contempt for violating a protection from abuse (“PFA”) order. Appellant’s counsel has filed a petition to withdraw pursuant to Anders v. California, 386 U.S. 738 (1967), and Commonwealth v. McClendon, 495 Pa. 467, 434 A.2d 1185 (1981). For the reasons that follow, we deny counsel’s petition to withdraw, vacate the judgment of sentence with respect to Appellant’s harassment conviction, and remand this matter with instructions.

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BRUCE E. LEE v. KRISTIN J. LEE

BRUCE E. LEE v. KRISTIN J. LEE No. 1973 MDA 2007 2009 PA Super 135 Atlantic: 978 A.2d 380 Filed: 7/15/2009
	Appeal from the Decree October 18, 2007 In the Court of Common Pleas of Lebanon County Civil No. 2005-20062
Before: GANTMAN, SHOGAN and KELLY, JJ.
Opinion by: KELLY, J.
Concurring Statement by: GANTMAN, J.
Appellant, Kristin J. Lee (Wife), appeals from the equitable distribution decree entered in the Lebanon County Court of Common Pleas. In this case we find, inter alia, that in divorce-related equitable distribution, when a spouse has been excluded from the marital home by a protection from abuse order, the other spouse may raise an equitable defense against the first spouse’s claim to rental credit for the time period in which the order was in effect. We affirm the decree in part, reverse in part, and remand for proceedings consistent with this memorandum.

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Superior Court - TRACY THOMPSON, for Self and Minor Children v. THOMAS N. THOMPSON, II

TRACY THOMPSON, for Self and Minor Children v. THOMAS N. THOMPSON, II No. 123 EDA 2008 2008 PA Super 285 Atlantic: 963 A.2d 474 Filed: 12/16/2008
	Appeal from the Order entered December 20, 2007, Court of Common Pleas, Delaware County, Civil Division at No. 07-14270
Before: PANELLA, DONOHUE and COLVILLE, JJ.
Opinion by: DONOHUE, J.
Thomas N. Thompson (“Father”) appeals from the entry of an order of court pursuant to the Protection from Abuse Act, 23 Pa.C.S.A. § 6101, et seq. (“PFA Act”). We affirm.

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Superior Court - PATRICIA BUCHHALTER v. STEVEN BUCHHALTER

PATRICIA BUCHHALTER v. STEVEN BUCHHALTER No. 3021 EDA 2007 2008 PA Super 255 Atlantic: 959 A.2d 1260 Filed: 10/27/2008
	Appeal from the Order Entered October 22, 2007 In the Court of Common Pleas of Philadelphia County Domestic Relations at No. 0709V7242
Before: STEVENS, MUSMANNO and BENDER, JJ.
Opinion by: BENDER, J.
Patricia Buchhalter appeals from the order entered on October 22, 2007, that vacated a temporary protection from abuse (PFA) order and dismissed her petition seeking a PFA order against her ex-husband, Steven Buchhalter. We vacate and remand.

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Superior Court 8/29/08 - ELIZABETH MESCANTI v. WILLIAM M. MESCANTI

ELIZABETH MESCANTI v. WILLIAM M. MESCANTI
No. 3194 EDA 2007 2008 PA Super 201 Atlantic: n/a Filed: 8/29/2008
Appeal from the Order entered October 19, 2007,in the Court of Common Pleas of Chester County,Civil, at No. 07-09667.
Before: FORD ELLIOTT, P.J., ALLEN and KELLY, JJ.
Opinion by: ALLEN, J.
William M. Mescanti (“Husband”) appeals from the order of the trial court granting a final protection from abuse (“PFA”) order in favor of Elizabeth Mescanti (“Wife”). We affirm.

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Superior Court 8/27/08 - B.T.W., ON BEHALF OF T.L., A MINOR v. P.J.L.

B.T.W., ON BEHALF OF T.L., A MINOR v. P.J.L.
No. 1337 MDA 2007 2008 PA Super 199 Atlantic: n/a Filed: 8/27/2008
Appeal from the Order entered June 28, 2007 In the Court of Common Pleas of Lebanon County Civil No. 2007-40075
Before: BOWES, SHOGAN and KELLY, JJ.
Opinion by: KELLY, J.
Concurring and Dissenting Opinion by: BOWES, J.
This is an appeal from an order entered pursuant to the Protection from Abuse Act (PFA), 23 Pa.C.S.A. §§ 6101-17, precluding any contact between Appellant/stepmother and her stepdaughter, T.L., for a period of three years. We affirm, finding that the trial court’s jurisdiction over Appellant, a resident of Maryland, and over the subject matter of the action is conferred by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), 23 Pa.C.S.A. §§ 5401-5482, despite commission of the abusive acts in a forum other than Pennsylvania. We also find that Appellant’s conduct constituted abuse, not permissible corporal punishment for misbehavior.

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Appellant presents two issues on appeal, challenging both the trial court’s jurisdiction to hear Appellee’s petition, and the sufficiency of evidence of abuse to warrant entry of a PFA order. We note that “in a PFA action, we review the trial court’s legal conclusions for an error of law or an abuse of discretion.” Custer v. Cochran, 933 A.2d 1050, 1054-55 (Pa. Super. 2007).

The first claim presented rests on the assertion that although the trial court was possessed of personal jurisdiction over Appellant even as a nonresident through the medium of the custody order, subject matter jurisdiction was not conferred by that or any other means. In so doing she asserts that “the question is whether the trial court has jurisdiction to apply the statutory laws of Pennsylvania to these parties where the subject matter is not related to a custody issue, and where the alleged harm or injury occurred outside of Pennsylvania.” (Appellant’s Brief at 13). Appellant’s argument fails as the major premise of her syllogism is faulty.

As Appellant concedes, “[e]xclusive, continuing jurisdiction” over child custody matters is conferred by 23 Pa.C.S.A. § 5422(a) on the court which has made an initial custody determination, and endures until the child’s connection with the Commonwealth is severed. Since Appellee, the partial custodian, resides in Pennsylvania, the nexus between T.L., Appellant, and the Commonwealth remains intact.